How is lost property adjudicated between two claimants who both describe it?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If two individuals describe the lost property, a lottery (qur'ah) is drawn between them. The one upon whom the lot falls swears that it is his, and it is delivered to him. This applies likewise if they both bring two pieces of evidence. This ruling is based on analogy with cases where two parties claim an item held by a third party, where equality in evidence leads to a lottery.
Supporting text
Abu al-Khattab argued that the property should be divided between them because they are equal in the right to claim, similar to when two people have concurrent possession. However, the lottery method is preferred as it aligns better with our principles concerning claims over property in the possession of another.